How to legalize land in 2020 during self-occupation?

How to legalize a land plot?

There is one caveat: if registration occurs en masse, i.e. Most members of the cooperative want to do this, having powers of attorney from people in their hands; the chairman of the cooperative can do this. The chairman, having been forced to bypass numerous authorities more than once, may be more experienced in communicating with officials and know the pitfalls of the bureaucratic machine. But many people prefer to solve this issue on their own. In the case of cooperatives, there is no need to obtain permission from the administration to register property.

Legalization of summer residents' plots on forest lands

After the “dacha amnesty” in July of this year, the State Duma adopted another law, thanks to which it is now possible to legalize the plots of summer residents on forest lands. Why did the government take such a step and who needs it?

Russia has finally adopted a law that will legalize land and summer cottages located in forested areas. At the moment, Rosreestr has more than three and a half thousand problem areas, although experts argue that this figure should be multiplied by at least five. On September 18, 2020, a meeting was held to monitor the implementation of Federal Law dated July 29, 2017 N 280-FZ, during which the first results of the project were announced.

Law and order

It should be understood that most of the plots were obtained legally. For example, in Soviet times, gardening partnerships were created in the forests, which allowed the construction of country houses and other non-permanent buildings. At the same time, the land was not removed from the forest fund. Another problem is that until recently, when entering a forest plot into the cadastre, it was not required to clarify its boundaries, as a result of which neighboring lands could intersect and overlap each other. Over time, the owners of such acres had a number of problems, since it was forbidden to erect any buildings on their own land.

But it should be understood that the “Forest Amnesty” is primarily aimed at saving and restoring the forest fund, and only then at defending the interests of the citizens of our vast Motherland. According to the law that came into force in August of this year, private owners will now not be able to obtain plots located in national parks. Thanks to the amendments, forests that will be included in settlements are completely protected from logging.

As for the legalization of the plots themselves, entered both in the forest register and in the Unified State Register, their fate will be decided on the basis of the Unified State Register and documents that confirm ownership rights at the time of application. But the “forest amnesty” applies only to those who acquired land before January 1 of last year. And here there are many pitfalls that those who want to legalize hundreds of acres will have to face.

According to experts, when creating the bill, everything possible was done to prevent fraudsters and swindlers from taking advantage of the new “privileges”. But due to a number of restrictions, ordinary citizens also suffered.

Thus, not all forest areas are registered in the Unified State Register of Real Estate. For example, in the Novosibirsk region there are settlements that in the thirties of the last century were created on forest lands as temporary. Many remained to live in these settlements; modern roads were built there, schools and hospitals were opened. But the residents of the village will not be able to present their rights.

Industrial, defense and security lands, as well as agricultural lands, are not included in the amnesty if the latter are not used for their intended purpose. That is, if on paper a person is the owner of a plot, but in fact there is a dense forest growing there, it will not be possible to legalize the land. Which, undoubtedly, is a big plus, otherwise we would have seen widespread bribery and the development of forest acres.

The question arises: what will happen to family estates and illegally erected capital buildings, surrounded by huge fences? How to deal with squatting? Now entire raids are being carried out aimed at identifying and demolishing unauthorized buildings.

Is it possible and how to legalize unauthorized construction on a site?

The only condition is that the buildings comply with quality standards accepted in the construction industry. Self-construction is considered to be any type of real estate (house, bathhouse, warehouse, barn) that is built on a land plot not intended for use for such purposes or buildings that were built without obtaining construction permits. Buildings that do not comply with building codes and urban planning rules are also recognized as unauthorized construction. Unauthorized construction excludes the following actions: obtaining property rights; the ability to dispose of real estate; possibility of making transactions. Civil law specifies that a self-construction must be demolished if ownership rights to it are not legally recognized.

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Built a house on the site: how to legalize it

• Documents establishing the right of ownership of the land on which the illegal building was erected;
• Documentation confirming the fact of construction of the building, as well as reflecting the costs incurred by the owner of the site for the construction of an illegal structure;
• A technical passport issued by the BTI as confirmation of the existence of an unauthorized building;
• An extract containing information that the unauthorized construction is not the property of citizens other than the applicant . It also states that it is not claimed by third parties and there are no restrictions on the approval of ownership of the structure. Requested in the unified state register of rights to real estate and transactions with it;
• Conclusion of a special technical commission on the actual condition of the building and its environmental status. The same conclusions must be obtained from the sanitary and epidemiological station and the fire service.

• Statement;
• Documents establishing land ownership;
• Urban planning documentation with a site plan;
• Construction permit;
• Official act of acceptance of the building;
• Documentation confirming that the overhaul facility complies with all technical requirements of construction regulations, signed by the person who carried out the construction of the building;
• Documentation confirming that the overhaul facility meets all technical requirements, signed by employees of the services operating the engineering structures of the building;
• A plan diagram showing the location of the completed capital construction facility, various engineering networks and wiring on the site, as well as a diagram of the site itself.

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How to legalize a land plot without documents or its squatting

very relevant. The complex procedure for processing and collecting documents confuses people. This is a long and complex process, and the list of required documents depends on what documents the owner initially has. The list of documents required for legalization of a land plot and subsequent registration can be found at the territorial real estate registration office. Along with the application of the owner or his representative, the following documents are provided: a passport or constituent documents of the enterprise, a notarized power of attorney, if this is an attorney, a boundary plan of the site, a cadastral passport, documents on the basis of which the site was acquired into ownership - purchase and sale, donation agreements , document on inheritance, etc.), a decision of the municipal authorities on the allocation of land, an act of transfer of land into ownership, a check for payment of the state duty, and a document on the value of the object, which is issued by the Land Cadastral Chamber. The territorial department of state registration is given 20 calendar days to carry out the necessary examinations and enter new data into the unified register of rights. Thus, by submitting the decision to Rosreestr, the owner receives a certificate that records his rights to this plot. The entire process of legalizing a land plot can take several months. How to legalize self-occupation of a land plot Self-occupation of land occurs when there are no legal grounds to erect a construction project.

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When is it not allowed to register land as a property?

The legislation of the Russian Federation stipulates a number of cases when citizens are prohibited from registering a plot of land as their property:

1. If the land plot is located on the territory of a cemetery, park or nature reserve owned by the state.
2. Citizens wishing to register land withdrawn from circulation will be denied registration.
3. Registration for personal use of land on which nuclear energy facilities or territories belonging to the armed forces of the Russian Federation are located is not allowed.

When can you register ownership of a plot of land?

The land plot can be registered as the property:

• joint;
• shared;
• sole.

Citizens have the right to register ownership of land only once in their entire life, and this can be done in the following situations:

1. The applicant has a life interest in the land by will. The territory belonged to parents, grandmothers or aunts, but the new owner does not have documents for it.
2. The future owner entered into a lease agreement with the city authorities.
3. Availability of the right of unlimited permanent use. For example: a plot of land was transferred to a citizen from a factory or cooperative.

Citizens have 4 ways to re-register a land plot for personal use:

• free - this type is available to a preferential category of citizens;
• purchase of a leased plot from the state;
• buy a plot at a city auction or at auction;
• judicially. This method is used at the time of expiration of the lease agreement.

Responsibility for squatting

State bodies monitor compliance with land legislation and the correct determination of the boundaries of plots used by owners and tenants. If an illegal seizure of land is detected, an act is drawn up, on the basis of which the violator can be held accountable.

Land squatting is considered an administrative offense (Article 7.1 of the Code of Administrative Offenses of the Russian Federation), for which a fine may be charged, calculated as a percentage of the cadastral value of the occupied territory. Both citizens and legal entities are recognized as violators.

The process of legitimizing an unauthorized plot of land

Do you need to legalize the squatting of a plot of land, and are you wondering how to do this? The law contains information that it is possible to register ownership of squatted land. It is important to adhere to specific instructions in order to formalize ownership of a land plot without violating the law. What needs to be done?

1. Find out who is the owner of this land plot.

2. Carry out land surveying, establishing new boundaries. Receive a cadastral extract.

3. Register legal ownership based on the documents received.

Let's look at each point in more detail.

Who is the owner of the allotment?

In order to officially formalize land squatting, the first step is to send a request to government agencies and obtain information about the owner. The request must be made to Rosreestr and the local administration (land department). After a while you will receive an answer about who is the owner.

If it belongs to a dacha association or city, you must write a statement indicating a request to allocate this plot of land for personal use to the specified person. But there is a nuance: in order to obtain the right to use a land plot from the state, you will have to win an auction.

When you find out that the owner of the plot is a private individual, negotiations await you in order for him to renounce his ownership rights and transfer it to you.

Holding an auction allows you to slightly increase the total area of ​​land. But the main thing is that you can quickly and cheaply arrange for self-seizure of territory. Cost – 15% of the cadastral price per sq.m.

Sometimes there is no information about who the owners of the plot are. In this case, they contact the local authorities with a request to register the land plot for cadastral registration. After which, you must wait one year for the site to officially become the property of the city authorities and only then can you send a request to obtain rights to it.

Documents that must be submitted to obtain ownership rights:

1. Statement.

2. BTI plan.

3. Geodesy plan.

4. Cadastral extract.

5. Certificate of ownership of the plot.

If the answer is positive, the opportunity to purchase a plot of land from the municipality is given.

Border surveying and obtaining a cadastral extract

When registering ownership of a plot of land, land surveying is a mandatory process. Its cost is decent, but it must be done in order to legally mark the boundaries of the site. This will also allow for peaceful negotiations with neighbors regarding borders.

How to carry out land surveying? You need to contact a geodetic company, which will send a specialist with documents. He will set boundaries and secure boundaries. After which you can begin to prepare a cadastral extract.

What documents are needed for this?

1. Passport of a citizen of the Russian Federation.

2. Documents that can confirm the right to use the land.

3. Geodetic and boundary plans.

4. Application for a cadastral extract.

5. Certificate of payment of the duty.

If all documents are provided correctly and there are no difficulties, a new cadastral extract will be ready within 20 days after submitting the application. In case of comments, they are made in writing and given a period for correction.

Registration of ownership of land

Documents for registration of property rights can be submitted after the cadastral extract has been received. Documents are submitted to the Rosreestr office at the location of the site.

List of documents for submission through the MFC:

1. Statement.

2. Passport of a citizen of the Russian Federation (applicant).

3. Cadastral extract (new).

4. Agreement, which is the basis for obtaining ownership rights.

5. Receipt for payment of the duty.

After submitting the documents, a paper is issued indicating the date of receipt of the extract on registration of property rights. It happens that there are some buildings on the site. Once it becomes the property, a title is required for each building. To do this, submit the above list of documents and, along with them, a document for each building and a receipt for payment of the duty.

When can state registration be denied?

The fact that you can submit documents to register property rights does not mean that it will definitely be registered. In certain cases, you may be refused.

1. The execution of the submitted documents does not comply with current legislation.

2. This piece of land is the subject of litigation regarding its boundaries.

3. Information about the boundaries of the land plot is not indicated in the register.

4. Conflict of registered rights.

5. The application contains data that does not correspond to reality. They may concern both the site and the applicant.

If you need legal services in St. Petersburg, contact a professional. This way you can register ownership of the squatting category without any hassle. Please keep in mind that using the site without legal grounds will result in a large fine. Don't delay submitting documents.

What does it mean?

Before deciding how to legalize squatting, you should study what this concept means. It is used in the Land Code of the Russian Federation, as well as the Code of Administrative Offences, as a land offence. Self-occupation means free possession of a plot of land. This is usually achieved in one of the following ways:

• processing the territory adjacent to your site, erecting buildings on it (possibly by agreement with neighbors);
• receiving a plot of land as a gift or in exchange for something (without documentation, the land becomes the subject of a dispute in the event of a change of owners);
• fencing of abandoned territory and its processing (construction of buildings).

According to the law, squatting is considered to be the use of an allotment before the following legal actions are taken:

• concluding a purchase and sale agreement and its subsequent registration;
• execution of a registered rental agreement;
• approval of a municipal order on the transfer of a site for use or private ownership;
• land surveying;
• consideration of a protest regarding the alienation of a plot of land for the needs of the state or municipality.

Thus, it turns out that any use of a site without the rights to do so is considered squatting.

Is it possible not to legitimize?

Given the difficulties associated with the land privatization procedure, the question arises whether it is possible to continue to use the land without obtaining the appropriate documents. The answer to this question is negative. This type of exploitation of the plot is considered a violation of the law and involves appropriate punishment.

Consequences and penalties

In accordance with Art. 7.1 of the Code of Administrative Offenses of the Russian Federation, illegal occupation of an allotment is punishable by an administrative fine, the amount of which is determined on the basis of the cadastral value of the land. It is equal to 1-1.5% of this indicator (but the amount of the monetary penalty is not less than 5 thousand rubles ) for individuals, 1.5-2% for officials and 2-3% for legal entities. If the cadastral value is not determined, a fixed fine is imposed, which is:

• 5-10 thousand rubles for ordinary citizens;
• 20-50 thousand rubles for persons holding official positions;
• 100-200 thousand for legal entities.

When determining the penalty, the damage caused to the land as a result of its illegal use is taken into account. In some cases, in addition to a fine, restriction or imprisonment may be imposed. In the first case, the sentence is up to 5 years, in the second – up to 2 years.

Civil liability for such an offense is regulated by Art. 76 of the Land Code of the Russian Federation and implies the restoration of property rights of a person who has the corresponding legal rights.

IMPORTANT! The legislation also provides for other cases of legal use of the site in addition to the right of ownership (lease, easement, sublease, etc.). If there are appropriate legal grounds, no punishment is provided for the operation of the site.

Question #16598Self-occupation of a forest area

However, the defendant, in the absence of title documents, has gone beyond the boundaries of the land plot provided to him and is unauthorizedly using a plot of 0.083 hectares by fencing it and constructing an administrative building with a passage. The absence of title documents for the disputed land plot from the private enterprise "Edelweiss-2000" is recorded in the act of verifying compliance with the requirements of land legislation dated 02/19/2013. An unscheduled inspection of the State Inspectorate of Agriculture in the Republic of Crimea on 07/08/2013 also established that the private enterprise “Edelweiss-2000” is using the disputed land plot without documents certifying ownership or right of use. citizens will pay from one to one and a half percent. In this case, the amount of the fine should not be less than 5,000 rubles;

• for officials, different amounts are established: from one and a half to two percent (the minimum fine is 20,000 rubles);
• a fine of two to three percent (not less than one hundred thousand rubles) is imposed on legal entities.

In the absence of data on the cadastral value of land plots, the amounts of fines are accordingly:

• from 5,000 to 10,000 rubles (citizens);
• from 20,000 to 50,000 (officials);
• from 100,000 to 200,000 (for legal entities).

Unauthorized seizure of land is the illegal use of a land plot owned by someone else by erecting various buildings on it, fencing it, planting agricultural or garden plantings, and storing various items.

The procedure for transferring forest fund lands to another category

Another important point that was determined by the new law is that plots provided from forest fund lands before August 8, 2008 and having the category “forest fund lands” can be transferred to another category. But only on the condition that their permitted use is in no way connected with the use of the forest (the land was provided for gardening, vegetable gardening, summer cottage farming, personal farming, individual housing construction). If the site is located on the territory of a populated area, it is transferred from forest fund lands to settlement lands. Where the boundaries of settlements are not currently defined and the site is located on the territory between settlements, it can be transferred to agricultural land.

“If the right to a land plot is registered in the Unified State Register of Real Estate and the owner has documents, practically no problems arise,” explains Dmitry Nezvanov. — Previously, when the owner of such a land plot wanted to determine its boundaries, he turned to a cadastral engineer. He, seeing that the land plot bordered on a forest, requested information from the Ministry of Forestry and received an answer that the plot was located on forest fund lands, after which the cadastral engineer refused to carry out land surveying. Now, in all such cases, the cadastral engineer indicates in his conclusion that the site is located on the border with the forest, the rights to it arose a long time ago, Article 60.2 of the law on real estate registration should be applied.”